Country Wide Insurance v. Allstate Insurance

In an action for a judgment declaring that the defendant is a co-insurer with the plaintiff in connection with any and all claims arising out of an automobile accident, the defendant appeals from an order of the Supreme Court, Kings County (Barasch, *271J.), dated March 25, 1999, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The Supreme Court erred in denying the defendant’s motion for summary judgment. The deposition testimony of the defendant’s underwriting…